W Clappison Limited v Aldi Stores Limited

W Clappison Limited v Aldi Stores Limited

The GCA's intervention is desirable and will materially assist the court in resolving the construction and application of the Code, given the Code's statutory provenance, wide application, and the GCA's unique expertise. The GCA's role will be limited to providing objective submissions on the wider context and operation of the Code, without duplicating parties' arguments or advocating for a particular outcome.

Parties
Claimant: W Clappison Limited; Defendant: Aldi Stores Limited; Applicant: The Groceries Code Adjudicator
Jurisdiction
England and Wales
Judgment Date
16 June 2025
Procedural Posture
Civil Commercial/contract / Interlocutory Application for Intervention
Outcome
Application granted
Legal Topics
Intervention of Third Parties, Interpretation of Statutory Codes, Supply Agreements, De Listing of Suppliers, Procedural Rules for Joinder
Contract Law Commercial Law Competition Law Intervention of Third Parties Interpretation of Statutory Codes Supply Agreements De Listing of Suppliers Procedural Rules for Joinder

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Parties

W Clappison Limited

Claimant

Aldi Stores Limited

Defendant

The Groceries Code Adjudicator

Applicant

Procedural Posture

Civil Commercial/contract / Interlocutory Application for Intervention

Legal Issues

  1. 1 Whether the Groceries Code Adjudicator should be joined as intervener under CPR 19.2(2)(a)
  2. 2 Whether the GCA's intervention would assist the court in resolving the construction and application of the Groceries (Supply Chain Practices) Market Investigation Order 2009 and the Code
  3. 3 Whether the GCA's intervention would result in unnecessary duplication or complication

Ratio Decidendi

The GCA's intervention is desirable and will materially assist the court in resolving the construction and application of the Code, given the Code's statutory provenance, wide application, and the GCA's unique expertise. The GCA's role will be limited to providing objective submissions on the wider context and operation of the Code, without duplicating parties' arguments or advocating for a particular outcome.

Court Disposition

Application granted

Orders

  • The Groceries Code Adjudicator is joined as intervener on the terms set out in the judgment, limited to written submissions not exceeding 30 pages and one hour of oral argument, with submissions to be provided in advance of parties' skeleton arguments.